Insights

Is Bigamy in Ningbo Legally Valid

Ningbo Author：LuXu WANG

Is this "marriage" valid if one party is obviously not divorced and getting a certificate from someone else? Bigamy not only involves the validity of marriage, but also may touch the criminal law, and the treatment should be divided into two layers.

The Legal Nature of Bigamy in 1.

If a person who has a spouse registers his marriage with another person, or marries another person knowing that the other person has a spouse, this constitutes bigamy. The latter marriage is legally invalid because it violates the principle of monogamy. Bigamy not only breaks the order of marriage, but also may break the criminal law. Its nature is more serious than other invalid marriages. It should be dealt with both civil and criminal matters.

Monogamy is the bottom line.

If monogamy is practiced in our country and there is a legal and valid marriage and the marriage is concluded, and the marriage is beyond the legal order of marriage, the later marriage is not recognized. Whether or not the other party is aware of the latter marriage, the latter marriage itself is untenable, and the law will never recognize the validity of the second "marriage. In the first and second marriages, the law only recognizes the first and the second has no place from the beginning. There is no room for discussion.

Marriage after 2. is invalid

the latter marriage caused by bigamy is invalid and does not have legal marriage effect from the beginning. The parties or interested parties may request confirmation of invalidity. Invalidity is a definite legal consequence that does not become valid over time, but landing still requires judicial confirmation.

Invalid from the beginning

bigamy is invalid from the beginning, not to be declared. However, in practice, judicial confirmation is often required to clarify the identity and property consequences. Although the legal principle is invalid from the beginning, but to land to the property division, compensation, still need to be confirmed by the court documents, can not have the final say.

3. involves criminal liability

if the circumstances of bigamy are serious and meet the requirements, it may constitute the crime of bigamy and bear criminal responsibility. This is a special risk that distinguishes bigamy from an invalid marriage in general. Knowing that the other party has a spouse and still getting married is also likely to be guilty, not as simple as "the one who does not know is innocent", knowing is the key.

Criminal and civil affairs may be parallel

the pursuit of criminal liability does not affect the non-fault party's civil claims for damages, division of property and other remedies, the two can be promoted separately. Criminal punishment of mistakes, civil compensation for losses, the two lines do not delay each other, no fault party does not have to choose between "confession of crime" and "distribution of wealth.

4. no-fault party relief

the no-fault party may claim damages in the divorce and appropriate division of common property; property acquired by bigamy may be returned to the legal order of marriage. Bigamy is a legal fault, no fault in the property and compensation have tilt space, rights and interests have the relief of the bottom.

How to land with multiple points

appropriate multiple points are not simply a proportional tilt, the court will look at the seriousness of the bigamy, the size of the common property and the actual degree of damage to the no-fault party. If there is evidence to prove that the other party has made another profit due to bigamy, it can also claim that the part should be returned to the common division, with more inclination and grasping hand, and also prevent the wrong party from transferring benefits in the name of bigamy, so that the compensation can really fall into place.

5. Evidence and Processing Path

the determination of bigamy requires proof of the existence of two marriages, or of unregistered but continuous and stable living together in the name of husband and wife. Marriage registration records, certificates of common residence, and evidence of external conjugal proportionality are the core. A civil request may be made to confirm the nullity of the latter marriage, and criminal liability may also be borne if the circumstances constitute a crime.

Criminal and civil can be advanced separately

confirmation of the nullity of marriage is a civil procedure, and criminal liability must be reported separately. The two paths can be parallel, but the standard of evidence is different, and the criminal determination is more demanding, so it is not suitable to replace the civil conclusion directly. Criminal cases go to public security, civil cases go to court, procedures go separately, and the rhythm is calculated.

Processing steps after 6. discovery of bigamy

if a spouse is found to be bigamy, it is recommended to follow three steps: first collect the registration records of the two marriages or evidence of living together; then file a civil lawsuit to confirm the invalidity of the post-marriage marriage, and claim compensation and multiple points in the divorce; if the circumstances are serious, Simultaneously report to the public security organ to investigate the crime of bigamy. If the evidence is complete and the path is clear, the rights and interests can be covered. Don't just stop at quarrels. Move quickly. In Ningbo, the registration records of the two marriages can be applied to the original marriage registration authority for file transfer, which is the key documentary evidence to confirm the invalidity of the post-marriage.

Fix before showdown

before showdown with the other party or starting the procedure, fix the registration records, chats, photos and other evidence to prevent the other party from transferring or destroying them. Evidence in hand, whether it is agreement compensation or litigation, have more bargaining chips, but also to avoid the other side to bite back, first solid evidence and then showdown is a safe order.

7. case proof

in practice, the man did not dissolve the previous marriage and registered with others, and the later marriage was confirmed to be invalid. The no-fault party received compensation of about 80000 yuan for damages and appropriately divided more property in the divorce.

In practice, those who know that others have spouses and still marry them are investigated for criminal responsibility in accordance with the law, reflecting the criminal risk of bigamy.

In practice, the woman found that the spouse had fixed two marriage registration records in time after bigamy, and the court confirmed that the post-marriage was invalid and divided the common property (about 3.6 million yuan) to the no-fault party.

8. Risk Alert

  • I think marriage is also effective.
  • Ignoring the criminal risk.
  • Not confirmed in time is invalid.
  • The no-fault party did not claim compensation.
  • The evidence is insufficient to warrant bigamy.
  • Evidence was not fixed before the showdown.

9. FAQ

is bigamy effective?

Invalid. In violation of monogamy, later marriage has no legal effect from the beginning.

Will bigamy go to jail?

If the circumstances are serious enough to meet the requirements, it may constitute the crime of bigamy and bear criminal responsibility.

Can the non-fault party pay for it?

Can. In a divorce, you can claim damages and appropriate division of property.

How to confirm the invalid marriage?

The parties or interested parties may request the court to confirm the invalidity.

Practical Experience of 10. Lawyers

one party has not divorced yet and has obtained a certificate from others. Many people ask whether this relationship counts or not. The answer is not to be recognized, because it breaks through the bottom line of monogamy in the law. The latter period of marriage is untenable from the beginning, and it has nothing to do with whether the other party after the marriage knows. In other words, to deal with such problems, we should look at two levels at the same time: one is the validity of marriage, and the other may also involve heavier responsibilities. First distinguish the level, the direction of action is clear, not to use the wrong method, in vain., The wrong method is used, and the strength is in vain.

For the party without fault, the focus is on fixing the facts first: the time of the two relationships, the registration, the traces of living together, and the relevant self-admission of the other party. Sorting out these clearly according to time can not only support the claim of marriage validity, but also lay the foundation for subsequent relief. If heavier responsibilities are involved, and the handling method and path are different, it is recommended to sort out the facts and demands before starting, and then decide which line to take, which step to take, and prioritize.

People who find bigamy are most likely to lose control emotionally, but in practice they need a sense of rhythm: one step at a time when facts are fixed and one step at a time when rights are protected. Don't throw out several things together, but mess up the rules. When negotiating, the existence of bigamy is itself a strong pressure point, and you can take the initiative in property distribution, compensation and maintenance. I also remind you to keep the legal border when checking, and don't let yourself change from having a reason to having trouble because of improper means. That's really losing your wife and losing your army., The loss outweighs the gain.